Report Title:
Illegal Substances; Endangering the Welfare of a Minor
Description:
Makes it an offense to the manufacture methamphetamines and other illegal substances; makes it an offense to expose a minor to dangerous chemical substances used to manufacture illegal substances.
THE SENATE |
S.B. NO. |
3174 |
TWENTY-SECOND LEGISLATURE, 2004 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to illegal substances.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that methamphetamines are highly explosive during the manufacturing process. Exposure to the drug and the toxic substances used to make it also pose serious health risks to children.
The legislature further finds that parental addiction can be devastating for children. Ten per cent of users indicated that they were introduced to methamphetamines by their parents or other family members. Currently, nine states have expanded their child endangerment statutes to include the manufacturing of illegal substances. There are two states that also make it a criminal offense to expose a child to an illicit chemical substance.
The purpose of this Act is to prohibit the manufacturing of illegal substances in the presence of a minor and the exposure of a minor to dangerous chemical substances used to manufacture illegal substances.
SECTION 2. Chapter 709, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§709- Exposing a minor to illicit chemical substances. (1) A person commits the offense of exposing a minor to illicit chemical substances if the person knowingly possesses, stores, or manufactures illicit chemical substances for the production of methamphetamines, or any illegal substance, in the presence of a minor.
"Illicit chemical substances," as used in this section, means any chemical or chemical compound used in manufacturing methamphetamines, any of its salts, isomers, salts of isomers, or any illegal substances.
"Illegal substances," as used in this section, means any substance or immediate precursor, as defined or specified in part II of chapter 329.
(2) Exposing a minor to illicit chemical substances is a class C felony."
SECTION 3. Section 709-903.5, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:
"(1) Except as in subsection (2), a person commits the offense of endangering the welfare of a minor in the first degree if[, having]:
(a) Having care or custody of a minor, the person intentionally or knowingly allows another person to inflict serious or substantial bodily injury on the minor[.]; or
(b) The person allows a minor to enter or remain in the immediate physical presence of the unlawful manufacture of methamphetamines, any of its salts, isomers, and salts of isomers, or any illegal substance.
"Illegal substances" as used in this section means any substance or immediate precursor, as defined or specified in part II of chapter 329."
SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect upon its approval.
INTRODUCED BY: |
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